9th Circuit Chief Judge Steps Down from Hearing Obscenity Case
Updated: Chief Judge Alex Kozinski of the San Francisco-based 9th U.S. Circuit Court of Appeals has declared a mistrial today in the high-profile obscenity case of Ira Isaacs.
Kozinski says in a two-sentence order that there was a “manifest necessity” to do so “in light of the public controversy surrounding my involvement in this case.”
According to Fox News, attorney Roger Jon Diamond, who is defending Isaacs, says he is very upset about the mistrial and considering his options. Diamond says it isn’t clear whether the case can now proceed with a new judge and the same jury.
Diamond accused the U.S. Department of Justice of “intimidating Judge Kozinski into doing this,” apparently referring to the mistrial, according to Fox, and added:
“We all have to be nervous and concerned when the executive branch can do this to anybody, including the sitting federal appeals judge.”
As discussed in earlier ABAJournal.com posts, Kozinski’s admitted posting of sexually explicit materials on a personal website became controversial after it became known earlier this week. Kozinski had just begun presiding, as a randomly selected appellate judge, over the federal district court obscenity trial of Ira Isaacs. (Judges from the 9th Circuit occasionally hear trial-court cases.)
Kozinski says in today’s order that he is recusing himself from further participation in the Isaacs case, and will ask the chief district court judge to assign it to another judge.
In a cryptic written statement yesterday, Kozinski said he was initiating an internal review related to a Los Angeles Times article that had appeared the previous day revealing his own postings.
At last report, a son of Kozinski was taking responsibility for maintaining the sexually explicit website.
Additional coverage:
The Recorder: “What’s Next for Kozinski?”
Bloomberg: “Porn Everywhere, Filmmaker and Judge Both Have It: Ann Woolner”
Wall Street Journal Law Blog: “Kozinski: L.A. Times Edit Says ‘So What?’ Kozinski on Judging Judges”
Updated at 6 p.m. to add Recorder coverage.
